Ex Parte GARDNER - Page 5




          Appeal No. 1998-0842                                                        
          Application No. 08/536,350                                                  



               Olivo discloses a catalytic converter/muffler for use in the           
          exhaust system of a vehicle having an internal combustion engine            
          (col. 4, lines 65 and 66), the device being mounted horizontally            
          in a car or light-duty truck and having a flared scoop 40 which             
          funnels ambient air (including pollutants) to the converter                 
          (col. 5, lines 44 to 53).                                                   
          Remand to the Examiner                                                      
               Claims 1 to 11 include eight independent claims of varying             
          scope.  Notwithstanding this, the examiner has treated all the              
          claims together, even though they do not all require a catalytic            
          converter surrounding the exhaust manifold, and may be amenable             
          to rejection on other references of record; see, for example, our           
          rejection of claim 4, supra.                                                
               Accordingly, this application is remanded to the examiner to           
          consider the limitations of each claim separately, and determine            
          whether or not each claim should be rejected as unpatentable over           
          prior art of record, and/or other prior art.  In perusing the               
          prior art of record, we note that:                                          
          (1) Stevenson, Shimozi et al., Smith et al., Tadokoro et al. and            
          Olivo disclose introducing ambient air into a catalytic                     
          converter, and may be pertinent to claims such as claims 5 to 8;            

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